Divorce Lawyers in Oakville

The divorce process starts by filing a divorce application, known as Form 8A. This must be completed and submitted to the Court in the local region where you reside. Your divorce lawyer at Alves Law will assist with ensuring this is done correctly.

After the court reviews the application and, assuming all details are accurate and complete, the Divorce Application is then stamped. It is then your responsibility to serve it on the other spouse.

A Divorce Application requires several documents to proceed. A copy of your marriage certificate is required. If you do not have access to the original certification, you can obtain a copy for a fee from Service Ontario if the marriage occurred in the province of Ontario.

There may be additional documents required, including those certifying financial information is accurate and a parenting plan if children are involved.

If children are involved, parenting time – formerly known as child custody – must be decided.

Parenting time is calculated by federal guidelines, taking into account the income of the paying parent, how many children had between the spouses, and preferred arrangements. In shared custody, both parents‘ incomes are used to determine payments. A separation agreement can outline these details, agreed on by both spouses to ensure the children’s needs are met.

Courts in Ontario follow the Family Law Act to predetermine spousal support terms, subject to court approval.

How spousal support is calculated is based on the length of the marriage, each spouse’s income, and roles taken during the marriage. Based on need, spousal support can be either temporary or permanent and subject to review.

The Equalization of Net Family Property principle is used in Ontario to determine the division of property. This principle means each spouse is entitled to half the value of all items acquired during marriage, including real estate, cars, and savings. Exclusions in certain circumstances include gifts or inheritances given during the marriage.

If there are disagreements, this is when the matter goes to court and where a divorce lawyer is a major asset.

The court will not grant a divorce if there is not an agreed-upon arrangement for parenting and decision-making.

You and your spouse must define where a child lives and who will make the decisions for your child. A divorce lawyer with experience navigating complex cases involving parenting arrangements is a must when/if a dispute arises between spouses.

The process of finalizing a divorce starts with obtaining a Divorce Order.

This requires both parties to provide all necessary documents to be reviewed by a judge. The Divorce Order contains all details of the divorce. After 31 days, the Order is finalized. Until then, each party has the chance to legally contest the decision.

After the Divorce Order is finalized, the Divorce Certificate is granted. This is legal proof that the marriage has ended. To request the Divorce Certificate or copies, contact the court where the divorce was granted.

Your Divorce Certificate is required in future legal matters, such as changing your name, transferring property, and/or remarrying.

The length of time for a divorce, from start to finish, depends on the complexity of the case and any disputes involved. An uncontested divorce where both parties agree to proceed under an agreement they have authored can take 4-6 months to finalize. A contested divorce, however, can take much longer, with the average being between 6 months up to 3 years or more. It is in the best interest of all parties to ensure the divorce process is no longer than is required.

Spousal support may be denied by the courts if both spouses have similar incomes and financial resources. Other factors that may influence spousal support not being granted are if the marriage or common-law relationship was short, if there was a prenuptial agreement that outlines terms for financial support or that eliminates the need for spousal support, or if both parties mutually agree to waive spousal support during separation.

An inheritance is considered ‘excluded property’, meaning it is not automatically subject to division between spouses during a divorce. However, an inheritance can lose this protected status in circumstances where it’s mixed with other property. This includes if it was deposited into a joint bank account, used to purchase or improve a marital asset such as your marital home, used to pay off shared debts, or if the inheritance was a home that then became the family residence.

You will need to speak to a lawyer about your specific situation but in Ontario, possessory rights (being in) the matrimonial home are not tied to ownership of the matrimonial home.

Neither spouse can be forced to leave without a court order.